For the last five decades, since June 1967, the occupied territories have been fragmented into units controlled through various mechanisms and legal systems.
East Jerusalem was formally annexed by Israel in June 1967. The annexation was carried out in blatant violation of international law, and created a state of constant ambiguity regarding the territory and the status of the Palestinian residents, who today constitute 40 percent of the total population of Jerusalem.
Formally, Palestinians from East Jerusalem are permanent residents living inside the country’s borders. Yet they are not citizens of Israel and do not have voting rights in national elections. Although Israeli law was applied to East Jerusalem, in practice that part of the city suffers from severe neglect, oppression and abuse. Israeli law, which is meant to guarantee basic rights, is in fact ignored.
In the rest of the territories captured in 1967 Israel imposed a military occupation regime. The government refused to declare the area occupied territories as defined by International Humanitarian Law (“belligerent occupation”). At the same time, it declared that the army would operate in the territories in accordance with the humanitarian provisions of IHL applicable in occupied territories. Hence, the military commander is considered sovereign and is responsible for public order and security. He serves as a trustee of the local population, who are considered “protected persons,” and he is responsible for their welfare and wellbeing. The military occupation is considered temporary.
However, Israel’s annexation ambitions created an entirely different reality. Temporary military rule? Trustee of a protected population? Not really. The army was required to implement a government policy, which constitutes a direct breach of those international laws that form and regulate the military’s control over the territories.
The establishment of settlements, which violate the provisions of IHL, created “Israeli islands” inside the occupied territories. The settlements were connected to Israel through a network of roads and separate transportation systems. This blurred the separation between sovereign Israel and the occupied territories.
These moves were made possible through the creation of two separate legal systems, one for Israelis and one for Palestinians (see chapter 3). If there are two separate legal systems on the basis of nationality inside the territories that are under military control, and which carry out discrimination against the protected population, is this a form of occupation or sovereignty?
Instead of meeting its obligation toward the local population living under occupation, key components of the military’s mission in the territories are dedicated to defending and securing the settlers, to expanding the settlements and to taking steps toward annexation. Over the years, Israel has cordoned off entire areas in the West Bank and Gaza Strip where Palestinians’ ability to move freely and live their lives has been restricted, limited and even barred entirely. To many Israelis, these areas are no longer Palestinian but simply Israeli.
The separation barrier has entrenched this process. Since the route of the barrier does not coincide with the Green Line, it has created enclaves and areas west of the barrier that Palestinians are barred from entering. Palestinian access to this “Seam Zone” for residential or agricultural purposes has been reduced over the years. The barrier’s route in Jerusalem has cut off over a quarter of East Jerusalem’s Palestinian residents from the rest of the city. The Jerusalem Municipality and other Israeli authorities have evaded responsibility for their basic obligations to these residents – who are legally still part of the city.
A new “Israeli” territory was thus created between the Green Line and the route of the wall in the West Bank, where the Palestinian population is increasingly shrinking; a new “no man’s land”, where only Palestinians reside, was created between the official municipal boundary of annexed Jerusalem and the physical boundary the separation wall.
Israel’s method of control in the territories changed as a result of the establishment of the Palestinian Authority after the Oslo Accords, which reduced the scope the military’s responsibilities. The offices of the Palestinian government are responsible for the daily lives of the population living in Areas A and B (about 40 percent of the West Bank) as well as some of the services provided to Palestinians in Area C.
However, Israel’s full control of Area C – approximately 60 percent of the West Bank – leaves Israel with the keys to the development of the land, the natural resources and the infrastructure throughout the entire West Bank. Israel’s obvious military dominance allows it to operate as it pleases in all parts of the West Bank, and to drive out Palestinians from strategic locations in Area C.
In the Gaza Strip, the post-1967 reality of military control and settlements changed dramatically following the disengagement and the evacuation of settlers in the summer of 2005 and the Hamas takeover shortly afterwards. The result is an acute divide between the West Bank and the Gaza Strip, which has become an open-air prison for two million people. Hamas control in Gaza led to a constant state of hostilities between Israel and the Gaza Strip and to three deadly wars.
Even after the disengagement, Israel maintains control of Gaza’s land and sea crossings, air space, customs tax and even the population registry. This system of control has dire consequences for Palestinian freedom of movement, their ability to realize their basic rights such as education and health, and on the opportunities for development, reconstruction and economic prosperity. While Israel claims it is no longer an occupying power in the Gaza Strip, human rights organizations still consider Israel responsible under international law for the forms of control and occupation it continues to administer.
The occupied territories are fragmented today more than ever before. The Gaza Strip, the settlements, Areas A, B, and C, the Seam Zone of the separation barriers, Hebron’s H1 and H2 areas, annexed East Jerusalem and the Jerusalem neighborhoods beyond the separation wall – all these territories are subject to different forms of control and legal systems. The physical and legal fragmentation of the territories was made possible by blurring the borders of the State of Israel and weakening its democratic regime, and it has led to grave violations of individual and collective human rights of the Palestinian people.